Bama v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR & WMP NO. 55963 OF 2025

1. Bama, W/o. Santhanakrishnan, No. 927 Sakthi Nagar, Narasingapuram, Madathukulam Taluk, Tiruppur District.

2. SanthanakrishnanS/o. Palanigounder, No. 927 Sakthi Nagar, Narasingapuram, Madathukulam Taluk, Tiruppur district ..Petitioner(s) Vs

1. The State, Rep by the District Collector, O/o. District Collector, Tiruppur District

2. The Deputy Director, Department of Geology and Mining, O/o.

District Collector, Tiruppur,

3. The Assistant Director, O/o. District Collector, Tiruppur,

4. The Village Administrative Officer, Maivadi Village, Madathukulam Taluk, ..Respondent(s) Prayer: Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent to provide opportunity of personal hearing to give explanation before taking any action in __________Page 1 of 6

the light of the order dated 12.11.2025 passed in WP No. 42797 of 2025 pursuant to petitioners representation dated 8.12.2025. For Petitioner(s) :

Mr.R.Thirumoorthy, For Respondent(s) :

Mr.Stalin Abhimanyu, AGP For R1 to R4

ORDER

This Writ Petition is filed seeking a direction to the 3rd respondent to provide opportunity of personal hearing to give explanation before taking any action in the light of the order dated 12.11.2025 passed in WP No. 42797 of 2025 pursuant to petitioners' representation dated 8.12.2025.

2. According to the petitioners, the 2nd petitioner obtained license for quarrying gravel from the first respondent vide proceedings dated 18.01.2016 in the lands situate in S.No.610/1, measuring an extent of 4.58.0 hectares situate at Myvadi Village, Madathukulam Taluk. Tiruppur District from 28.02.2020 to 28.2.2025. Upon expiry of the license, he obtained another stone quarry license from the 1st respondent on 28.02.2020 for quarrying the lands in S.No.618/2A1 measuring 0.53.0 hectares in the same village.

3. While so, on account of enmity against the petitioners, their adjacent __________Page 2 of 6

land owners filed a writ petition in W.P.No.42797 of 2025 making false allegations against them and the said writ petition was disposed of on 12.11.2025 directing the 2nd respondent to consider their representation dated 25.08.2025 on merits and in accordance with law after providing opportunity to all aggrieved persons.

4. Pursuant to the same, the 3rd respondent, vide proceedings No.Na.Ka.747/Kanimam/2023, dated 27.11.2025 informed the petitioners that they were going to conduct drone inspection.

5. It is the grievance of the petitioners that in fact based on the report sought by the 2nd, respondent, the 4th respondent already conducted field inspection and filed a status report as early as on 14.03.2025 stating that no deviation and violation took place. Hence aggrieved by the action of the 3rd respondent, the petitioners submitted a representation dated 08.12.2025 requesting the respondents to grant the petitioners an opportunity of personal hearing, but their representation has been kept pending without passing any orders. Aggrieved against such inaction, the present writ petition is filed by the petitioners.

6. It is seen that the proceedings issued by the 3rd respondent dated 27.11.2025 only requires the presence of the petitioners to conduct fresh Drone __________Page 3 of 6

Survey. The very purpose of surveying the lands licenced for quarrying to the petitioners is only to find out whether there is excessive quarrying of stones done by the petitioners than the permitted quantity in the field. This Court is of the view that if any such survey is being conducted, then only, further action will follow.

7. If the respondents, after conducting survey of the lands licenced to the petitioners for quarrying, are of the view that any further action is required as against the petitioners, they will proceed against them after giving them an opportunity of personal hearing and thereafter proceed further in accordance with law.

8. With the above direction, the writ petition is disposed of. No costs. 19-12-2025 Index: Yes/No Speaking/Non-speaking order msr To

1. The District Collector, Govt. of Tamil Nadu

2. The Deputy Director, __________Page 4 of 6

O/o. District Collector, Tiruppur, Tiruppur District

3. The Assistant Director, O/o. District Collector, Tiruppur,

4. The Village Administrative Officer, Maivadi Village, Madathukulam Taluk, Tiruppur District __________Page 5 of 6

N.SATHISH KUMAR J.

msr & WMP NO. 55961 OF 2025, WMP NO. 55963 OF 2025 19-12-2025 __________Page 6 of 6